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How do you prove medical malpractice?

On Behalf of | Aug 30, 2021 | Medical Malpractice

When you or someone close to you requires medical attention, you trust doctors, healthcare facilities and healthcare providers to take care of the illness and help you get back on your feet. You do not expect the healthcare provider treating you to commit a wrongdoing or act negligently. 

Unfortunately, cases of medical malpractice are all too common in Delaware, just as they are throughout the nation.

Here are three important questions you must answer to prove a medical malpractice claim:

Was there a doctor-patient relationship?

A doctor-patient relationship exists when you hire a medical professional to diagnose and treat an injury or an illness. There has to be a formal patient-doctor relationship in order for medical malpractice to happen. You cannot say you have a doctor-patient relationship based on a remark the doctor made during a casual conversation or on social media — but any doctor who sees you in a clinic, hospital or private practice would likely be in a doctor-patient relationship.

Was the medical professional negligent?

The doctor who was treating you may have made a mistake. However, you will be required by law to prove that they acted negligently – which in the world of medical malpractice means that their care fell below the expected standard. 

Generally, this means having a qualified medical expert who is willing to testify that the care you received was substandard based on the specifics of your case.

Did you suffer injury as a result of the negligence?

If a doctor made a mistake, you may be justifiably angry — but you can’t sue unless their mistake actually caused you some kind of lasting harm (not merely inconvenience). 

Proving medical malpractice can be a taxing and overwhelming process. However, knowing how to prove medical malpractice can help you present a water-tight case and get the compensation you deserve.